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THORNTON v. TYSON FOODS, INC.

No. 20-2124.

28 F.4th 1016 (2022)

Robin G. THORNTON; Michael Lucero, on behalf of themselves and other similarly situated, Plaintiffs-Appellants, v. TYSON FOODS, INC.; Cargill Meat Solutions, Corp.; Jbs USA Food Company; National Beef Packing Company, LLC, Defendants-Appellees. Ranchers-Cattlemen Action Legal Fund, United Stockgrowers of America; Public Justice, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED March 11, 2022.

Attorney(s) appearing for the Case

A. Blair Dunn of Western Agriculture, Resource And Business Advocates, LLP ( Marshall J. Ray of Law Office of Marshall J. Ray, with him on the briefs), Albuquerque, New Mexico, for Plaintiffs-Appellants.

Aaron D. Van Oort ( Tyler A. Young , Michael M. Sawers , and Martin J. Demoret , with him on the brief), of Faegre Drinker Biddle & Reath LLP, Minneapolis, Minnesota, and Des Moines, Iowa, for Defendants-Appellees.

Leah M. Nicholls , David S. Muraskin , Public Justice, P.C., Washington, D.C., for Amici Curiae.

Before TYMKOVICH, Chief Judge, LUCERO, Senior Circuit Judge, and MORITZ, Circuit Judge.

Plaintiffs Robin Thornton and Michael Lucero allege that defendants Tyson Foods, Inc., Cargill Meat Solutions, Corp., JBS USA Food Company, and National Beef Packing Company, LLC, use deceptive and misleading labels on their beef products. In particular, plaintiffs contend that the "Product of the U.S.A." label on defendants...

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